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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27009
Experience:  General practice of law with emphasis in family law.
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My wife is not allowing me to see my daughter, she recently

Customer Question

My wife is not allowing me to see my daughter, she recently moved to CA and I live in Michigan, she is not giving me her current addr so that I can go visit my daughter. Please advice on how to get visitation rights. The reason she is not giving her addr
is because I'm not willing to sign my daughter's Passport Renewal Form. My daughter is born in the U.S. and I dont want her mom to take her away to India without my permission. My daughter is now 5. My wife used take my daughter to India would leave her in
India without my permission. My wife is saying if I dont sign the pass port form renewal application, she will not allow me to see my daughter.
Submitted: 1 year ago.
Category: Family Law
Expert:  Samuel II replied 1 year ago.

Hello

This is Samuel and I will discuss this and provide you information in this regard.

Please tell me the following so I can ensure I provide accurate information to you.

1 - You are on the birth certificate?

2 - There is no current court order for custody or visitation? If yes, from which state?

3- How long as the Mother been living in CA? Did she live in Michigan with your daughter prior to that? If not, where was your daughter living for at least the past 6 months?

Customer: replied 1 year ago.
1 - You are on the birth certificate? - I dont have the birth certificate with me, but I assume my name is ***** ***** it. My daughter has my last name2 - There is no current court order for custody or visitation? If yes, from which state?No court orders for visitation or custody yet3- How long as the Mother been living in CA? Did she live in Michigan with your daughter prior to that? If not, where was your daughter living for at least the past 6 months?My daughter always lived with her mom, my wife was working in Rochester, MN. prior to moving to CA on job. Its been around 5 months that she moved to CA. She is now working in San Diego but she put my daughter at her Brother's place in San Jose, I went to see my daughter last july in San Jose. Not she took my daughter to San Diego and now she is not giving her addr in San Diego.
Expert:  Samuel II replied 1 year ago.

Hello

Thank you. If you are on the birth Certificate then you have standing to file for custody. If the child has not lived in CA for at least 6 months, you can file for the custody in Michigan in the county where you live and you can have the Mother served in CA via a process server who will ensure it is all done correctly.

When you file for the custody or visits, you can request the custody be awarded to you on a temporary basis but you would need to show it is an emergency situation, such as the Mother is neglectful or abusive or just does not keep good company and the child is at risk of being in harm's way.

OR you can forego that and just file the custody, have her served, and she will have 30 days to respond.

Expert:  Samuel II replied 1 year ago.

She should not be withholding visits, but without a court order she is under no legal obligation to allow visits. So if you do not want full custody, you can file so that you have visitations court ordered. I suggest you come up with a schedule that is conducive to your schedule and that of your daughters and you will want to consider such things as transportation, how and costs and who will pay. Many times both parents contribute to the travel.

Expert:  Samuel II replied 1 year ago.

You can file this on your own and get the documents to file from the clerk of the court. But because she is out of state and may try for a change to the state of CA, you also could consider at least a consultation with a local attorney to help get the ball rolling and be ready to take it on should the Mother try to have the matter moved to her state and county.

Please let me know if you have other questions in this regard. Keep in mind, I can only answer and provide information for what you ask. I do not know what you need to know, unless you tell me. Please rate positive as this is how I get credit for my time and information.

Thank you

Customer: replied 1 year ago.
Do you know how much would it cost for applying for visit or custody orders, I dont have enough money so I need to think before I want to go in a legal way.
Expert:  Samuel II replied 1 year ago.

Hello

Thank you. If you file it yourself, it is going to cost between $125 and $150 for a filing fee. It depends on your county. They vary county to county. Then you will need to consult with different process servers to see what they will charge. It could be another $200 to $300 because it is out of state. But you need to take into consideration that she will oppose it and that it could get tied up in the courts and could cost you more.

If you hire a local attorney, it could cost $3000 to $5000 as a disputed and contested custody battle.

Expert:  Samuel II replied 1 year ago.

Here is a LINK you can review that might be helpful to you. You also could consider a legal aid agency that helps Fathers with custody issues.

Expert:  Samuel II replied 1 year ago.

And here is a LINK for legal aid in Michigan.

Customer: replied 1 year ago.
Thank you very much for the information
Expert:  Samuel II replied 1 year ago.

You're welcome. Good luck and thanking you in advance for a positive rating as that is the only way I get credit for my time and information.